1. In an atmosphere of malaise and lack of confidence in the electoral programs
announced by General Ríos Montt, on August 8, 1983, a new coup occurred in Guatemala.
It was headed by General Oscar Humberto Mejía Víctores, who at the time was
holding the post of Minister of Defense. In his initial statements, the new
Guatemalan Chief of State informed the public that he would not assume the title
of President which his predecessor had been using, but would continue to act
as Minister of Defense as well as Chief of State. He offered to put into effect
a program for return to democratic and constitutional government, promised to
call elections, announced the suspension of the Courts of Special Jurisdiction,
and stated that he would continue the struggle against subversives. In expressing
his support for the judicial branch and his respect for law and the Constitution,
he also criticized the way in which the government had been abused by a religious
group to which the deposed General Ríos Montt belonged, and announced that the
state of alarm which had been in effect since June 29, 1983 would be lifted
immediately.

2. The plans of the new Government of Guatemala, which were conveyed through
the Guatemalan Mission accredited to the OAS, state the following:

The army understands that it has assumed responsibility for the return to institutional
rule, for which purpose it will clearly observe the points below.

First: Its firm decision to fight Marxist-Leninist subversion and any existing
paramilitary groups, thus to protect the Guatemalan people; but beyond that
protection we seek to understand, share and fight with the people, not only
in the defense of their lives, their security and their freedom, but also to
provide them with an increased well-being and respect for their dignity and
to give them an opportunity to satisfy their vital needs and legitimate hopes.

Second: Grass-roots organizations will be strengthened through civil self-defense
so as to perform a mission more in keeping with their objectives and capabilities,
eliminating any possibility of religious or political manipulation which would
conflict with the spiritual or moral sentiments of the majority of the population
and the very essence of their customs and culture. Therefore it will seek the
persuasive cooperation of communities through close coordination of purposes
which will consolidate our nationality and essentially the cultural basis of
our ethnic groups and their legitimate participation in the nation’s progress,
maintaining their representation in the structures of political power as part
of a most authentic democratization.

Third: The agencies for control and supervision of the state shall have our
full support, and their independent action shall be guaranteed. The judicial
branch may rest assured that we shall not interfere in its work in any way and
that it must continue meting out justice in strict compliance with the law.
We reconfirm our respect for an unconditional support to the Supreme Electoral
Tribunal. We appeal to its justices to help effectively to expedite and speed
up the electoral process. We shall be responsible for proposing the changes
indispensable to guarantee the right of defense to which every citizen must
aspire. We urge the state advisors to contribute with positive and realistic
proposals and not to allow themselves to be manipulated by the ambitions of
a few. Their advisory functions shall be taken into account inasmuch as they
contribute to the solution of the various problems the country faces. We pledge
our absolute respect for the autonomy of the Universidad de San Carlos de Guatemala
and of the other private universities. Academic work free of sectarianism is
the most important contribution to the nation’s cultural well-being. The universities
should not only contribute through scientific and technical research. They should
also contribute and propose solutions that will benefit Guatemala.

Fourth: The people of Guatemala have an exceptional spiritual and religious
wealth. We respect their faith and their traditions and we solemnly undertake
to avoid foreign interference that would wound their sentiments. The multitudinous
demonstration unprecedented in the history of Guatemala upon the visit of His
Holiness, John Paul II, is obvious proof of our people’s devotion.

Fifth: We understand democracy not as a way to hold on to privileges for traditional
minorities which, through economic power, have had a strong influence on political
activity, but rather as an opportunity for the people as a whole to elect their
leaders in fact and without coercion of any kind. We solemnly commit ourselves
to scheduling the electoral process without subterfuge or selfish maneuvers.
We are determined to respect human rights in fact. The authorities will spare
no effort in guaranteeing such rights and will punish those who directly or
indirectly attempt to restrict them. Freedom to express thought will be respected,
and we recognize the informative and guiding work of the communications media.
We appeal to the high sense of responsibility of the fourth state to help Guatemala
positively and patriotically to reencounter its historic destiny.

Sixth: In keeping with the new spirit of identification with the interests
of the majority of the people, we reaffirm that we support every process for
gradual and democratic change in order to guarantee a fairer distribution of
the wealth. We shall give preferential attention to the interests of the producers
who work the land and to their associations, cooperatives or community organizations
which seek the overall development of Guatemala. We shall study the possibility
of making certain amendments to the tax reform laws recently enacted to protect
the interests of the large majorities.

Seventh: Respecting our international commitments, we hereby express the will
to comply strictly with international conventions, commitments and obligations.
We express our deep concern with the crisis affecting the Central American region
and, to the extent of our capability, we will help find formulas for understanding
that will avoid aggravation of the crisis or even a possible military confrontation
in the area. We follow with interest the efforts made by the governments of
the Contadora Group, and we have taken note of the efforts of the United States
to initiate a constructive dialogue among the parties in conflict. We affirm
that in the last analysis the Central Americans themselves will be the ones
to take the decisions that will make possible the establishment of peace and
security in the region.

3. Despite the political change that has occurred in Guatemala and the sound
criticisms the new government has made against the administration and conduct
of General Ríos Montt, which agree fully with the Commission’s report on the
human rights situation in the Republic of Guatemala, the IACHR believes that
the report is still valid. Therefore, it has made changes in this report aimed
at only bringing it up to date but not at replacing it, because it has yet to
be shown that any fundamental change has occurred in that country.

B. First Steps of the New Government

1. Upon the downfall of General Efrain Ríos Montt, one of the first measures
adopted by the new government headed by General Oscar Humberto Mejía Víctores
was to lift the state of alarm that had been in force since June 29, 1983.

2. In addition, the new government promulgated by way of Decree Law Nº 89-93
of August 11, a new amnesty law aimed at political crimes related to common
crimes in which individuals or groups belonging or not to subversive organizations
were included.

The decree provided that interested parties could avail themselves of the
amnesty during a 90 day period. The conditions stipulated required interested
persons to present themselves to civil authorities, testify to their crimes
and take an oath pledging that they would no longer participate in subversive
activities, surrender their arms and ammunition or indicate where they are hidden.
The decree is applicable to persons currently subject to the ordinary courts
of law provided that they have not yet been judged and sentenced.

3. Another law announced by the new Guatemalan Head of State, after deposing
General Ríos Montt, rescinded the Courts of Special Jurisdiction. It was later
enacted as Decree Law 93-83, dated August 12, 1983, in the Chapter dealing with
Justice and Due Process.

4. On October 1, 1983, the IACHR, sitting at its 61st session, learned that
General Oscar Humberto Mejía Víctores had abolished the Council of State.

C. Broadening of the Guarantees contained in the Fundamental Statute of

Government

1. On August 11 the Government of General Mejía Víctores by way of Decree
Law Nº 91-83, broadened the individual guarantees contemplated in the Fundamental
Statute of Government and altered Decree Law 24-82 as to the rights of legal
defense and arrest without a dully authorized warrant issued by a court of law.

“10) No one may be arrested or imprisoned except for criminal causes and by
virtue of an order or warrant issued in accordance with the law by a duly authorized
judicial authority. Such a warrant shall not be necessary in cases in flagrante
delicto or where the suspect flees the scene of his crime. Arrested persons
shall be immediately placed at the disposition of the appropriate judicial authority
and detained in penal centers for suspects as opposed to prisons where convicts
are serving their sentences.”

“12) The legal defense of the person and his rights is inviolable.

No one may be convicted without having been confronted, heard and tried in
conformance with the principles of due process by a competent court of law or
competent previously established authorities in which the formalities and essential
guarantees of the same are respected. Nor may anyone be temporarily affected
in his rights except through procedures that fulfill these minimal requisites.

Nevertheless, in cases of fraud of embezzlement of public property, the immediate
recuperation of the same may be carried out subject to the interested parties
appeal for revocation or recovery through an administrative-contentious law
suit.”

Article 2: Article 86 shall be modified thusly:

“Article 86: Ordinary trial courts shall be composed of judges who are licensed
attorneys of recognized ability and integrity, Guatemalan nationals in keeping
with Article 9 of this Statute and appropriate bar rules.

The Supreme Court of Justice shall take necessary measures to create a system
which allows a selection of judges based on their personal and professional
qualifications. Likewise, in keeping with this principle, the Court shall establish
complete and accurate lists of licensed attorneys so as to assist in the establishment
of the Judicial Branch of Government. For these purposes, the Court shall issue
the appropriate rules and requirements.”

D. Final Considerations

The Commission has received and seen with great concern recent information
which indicates that the violence occurring in rural areas is still occurring,
the exodus of Guatemalan peasants to Chiapas, Mexico has continued, especially
in the area of San Marcos, and that in the cities, the violence is tending to
increase and there are now signs that the sinister death squads have reappeared.

The Commission trusts that the new Government of Guatemala will carry out
its announced steps to achieve respect for human rights, that it will fulfill
the newly published political calendar and adopt all necessary measures for
the purpose of putting into practice the recommendations contained in this Report.